Effective: February 7^th, 2024

These Terms of Use (the “Agreement”) govern Your access to and use of the Services (as defined herein). Your access to and use of the Services are conditioned on Your acceptance of and compliance with this Agreement. By accessing or using the Services You agree to have formed an enforceable contract with Cabo Marine Adventures, LLC and to be bound by the terms of this Agreement. 

Cabo Marine Adventures may amend the Agreement from time and time, in its sole discretion, by publishing a revised version of the Agreement on the Cabo Marine Adventures website. By continuing to access or use the Services after the effective date of any revised Agreement, You accept the revised Agreement; provided that any such changes will apply only to your use of the Services after the date of such change. 

Definitions

Cabo Marine Adventures shall mean Cabo Marine Adventures, LLC, a Alaska limited liability company, and its parents, subsidiaries, officers, directors, employees, agents, affiliates, contractors, licensors, business partners, successors and assigns. 

Captain and Crew shall mean the individual(s) assigned by Cabo Marine Adventures to provide services to You. 

Services shall mean information and/or services provided or made available by Cabo Marine Adventures through its website(s). 

You and its variants shall mean the user of the Services who has accepted this Agreement. 

Summary of the Services

Cabo Marine Adventures is an on-line platform which enable users to arrange and schedule transportation, logistics and/or delivery services and/or to purchase yachts, captains and crew-for-hire services, including with third party providers of such services under an agreement with Cabo Marine Adventures. Your ability to obtain transportation, logistics and/or delivery services through the use of the Services does not establish Cabo Marine Adventures as a provider of transportation, logistics or delivery services or as a transportation carrier. 

Eligibility to Use the Service

You hereby represent and warrant the following: (a) You can form a binding contract with Cabo Marine Adventures and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction; (b) If You are accepting this Agreement and using the Services on behalf of a company, organization, government, or other legal entity, You are authorized to do so; (c) You will use the Services only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations; (d) You are over 18 years of age or are otherwise considered by applicable law to be an adult in Your jurisdiction; and (e) in the event the Services involve the use of a vessel that is not owned or leased by the Captain, You own, lease or are otherwise in lawful possession of a vessel that is seaworthy, in good working order, in compliance with all state and local requirements, and is properly insured, as required by applicable law (a “Vessel”). 

If any of the representations or warranties made in this Section 3 are untrue or become untrue after the date You accept this Agreement, You are not eligible to use the Services. You are also not eligible to use the Services if You have previously been suspended from using the Services for any reason and You have not been explicitly authorized to resume using the Services. Cabo Marine Adventures reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend access to the Services at any time for any reason. 

Cabo Marine Adventures may attempt to verify Your identity and other information You provided to us, and Cabo Marine Adventures may delay, withhold, reverse or refund any amounts without notice or liability in the event Cabo Marine Adventures is unable to verify any information to Cabo Marine Adventures’ satisfaction. 

Unless otherwise explicitly stated, the Services are solely directed to individuals, companies, or other entities located in the United States. 

Your License To Use the Services

Cabo Marine Adventures grants You a limited, non-exclusive, non-transferable, revocable license to use the Applications on your personal device solely in connection with your use of the Services, subject to Your eligibility and continued compliance with this Agreement. This license is for the sole purpose of enabling You to use and enjoy the Services as provided by Cabo Marine Adventures in the manner permitted by this Agreement. 

The license granted herein is limited to Your personal and individual non-commercial use of the Services. In no event may You use the Services for any purpose that: (a) harasses, abuses, threatens, defames, bullies, or otherwise infringes or violates the rights of any other party; (b) is unlawful, fraudulent, or deceptive; (c) introduces or attempts to introduce viruses, worms, Trojan horses, macros, scripts, keyloggers, data scrapers, packet sniffers, or any other any software or code which interrupts, destroys, inhibits, or limits the functionality of any computer or telecommunications system, software, or hardware; (d) encourages or facilitates conduct that would constitute a criminal offense or give rise to civil liability; (e) violates this Agreement; and (f) is commercial, including but not limited to conducting a charter boating business. 

Further, You acknowledge and agree that You shall not: (i) purposefully interfere with or otherwise distract the Captain while the Captain is performing the Services; or (ii) disparage or make, or cause to be made, any comments, statements, or communications of any sort to the public, media or to others that are or may reasonably be considered to be derogatory or detrimental to Company, its Services or its Captains. 

User Responsibilities

You access or use the Service at Your own volition, and You are solely responsible for the use of the Services by You and the passengers on the Vessel. 

If You register an account with Cabo Marine Adventures, You are responsible for maintaining accurate, truthful, and current registration information. Your user information may be stored and analyzed by Cabo Marine Adventures. This information may also be accessible by any party who knows Your password. You are responsible for safeguarding the password that You use to access the Services and for any activities or actions carried out using Your account and/or Your password. You agree that Cabo Marine Adventures cannot and will not be liable for any loss, damage, or injury (including, but not limited to, reasonable attorneys’ fees) arising directly or indirectly from Your failure to keep safe and/or secure Your account and/or password and You agree to indemnify, defend, and hold harmless Cabo Marine Adventures for the same. You agree to notify Cabo Marine Adventures immediately if You discover or have reason to believe that Your account has been accessed or used without Your authorization or there has been any other breach of Your account security. You also agree to provide additional information Cabo Marine Adventures may reasonably request and to answer truthfully and completely any questions Cabo Marine Adventures might ask You in order to verify Your identity. 

You shall provide any and all information requested by the U.S. Coast Guard or other state or local agency in the event of any investigation relating to Cabo Marine Adventures, its Services or its Captains. 

Scope of Services

You understand and agree that Cabo Marine Adventures is under no obligation to continue providing the Services and may at any time permanently or temporary discontinue providing the Services. Any limitations imposed are at Cabo Marine Adventures’ sole discretion and may be imposed without prior notice to You. 

The Services may contain links to third party web sites or services that are not owned or controlled by Cabo Marine Adventures. Cabo Marine Adventures has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. Cabo Marine Adventures does not warrant the offerings of any of these entities/individuals or their websites. 

You acknowledge and agree that Cabo Marine Adventures shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such third party web sites or services. Cabo Marine Adventures strongly advises you to read the terms and conditions and privacy policies of any third party web sites or services that you visit. 

Fees

Fees for the Services will be charged to You at the time of booking, unless other arrangements have been made in writing and approved by Cabo Marine Adventures. Cabo Marine Adventures will not dispatch a Captain to You to provide Services until all such fees are paid by You in full. 

Cancelation

Cancelation of any bookings will be allowed up to 72 hours prior to the date and time of the event.
Any later and guest will forfeit the charge in full.

Privacy

Any information that You provide to Cabo Marine Adventures is subject to our Privacy Policy, as it may be amended or replaced from time to time, which governs our collection and use of Your information. The current version of the Privacy Policy may be found at www.CaboMarine Adventures.com. 

The entirety of the Privacy Policy is incorporated herein by reference. You understand that through Your use of the Services You consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information for storage, processing and use by Cabo Marine Adventures. 

As part of providing You the Services, Cabo Marine Adventures may need to provide You with certain communications, such as announcements and administrative messages. These communications are considered part of the Services and You may not be able to opt-out from receiving them. Cabo Marine Adventures may also contact You via telephone and/or text message for marketing purposes. 

You agree that Cabo Marine Adventures may collect and use technical data and related information, including but not limited to technical information about Your user device, the system, application software and peripherals of the computing device You use to access the Services, which technical information is gathered periodically to facilitate the provision of software and firmware updates, application support, and other services to You (if any) related the Services. Cabo Marine Adventures may use this information, as long as it is in a form that does not personally identify You, to improve the Services, or to provide services or technologies to You. 

The Privacy Policy may be changed, updated, and/or amended from time to time in the sole discretion of Cabo Marine Adventures to, for example, comport with regulatory or legal requirements and/or best business and data privacy practices. Cabo Marine Adventures encourages You to review the Privacy Policy language carefully and check frequently for updates or changes. 

Restrictions on Content and Use of the Services 

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Cabo Marine Adventures; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks. 

You agree that You will use the Services only as provided herein and in any case in compliance with all applicable laws, rules, regulations, ordinances, or policies. Cabo Marine Adventures reserves the right to access, read, preserve, and disclose any information Cabo Marine Adventures reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Cabo Marine Adventures, its users and the public. 

Intellectual Property

You acknowledge and agree that the Services and all intellectual property rights associated therewith, including but not limited to the goodwill associated therewith, are, and shall remain, the property of Cabo Marine Adventures. Except as expressly stated in this Agreement, You are not granted any intellectual property rights or license thereto by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in this Agreement are hereby reserved and retained by Cabo Marine Adventures. 

All right, title, and interest in and to the Services are and will remain the exclusive property of Cabo Marine Adventures. The Services are protected by copyright, trademark, and other laws of the United States, foreign countries, and certain international treaties. Nothing in the Agreement gives You a right to use the Cabo Marine Adventures name or any Cabo Marine Adventures trademarks, logos, slogans, domain names, and/or other distinctive brand features. Any feedback, comments, or suggestions You may provide regarding Cabo Marine Adventures, or the Services is entirely voluntary and Cabo Marine Adventures may use such feedback, comments or suggestions with Cabo Marine Adventures’ sole discretion without any obligation to You. 

Term and Termination

The Agreement will continue to apply until terminated by You or Cabo Marine Adventures as follows: 

You may end Your legal agreement with Cabo Marine Adventures at any time for any reason by deactivating Your account(s) and discontinuing Your use of the Services. You do not need to specifically inform Cabo Marine Adventures when You stop using the Services. 

Cabo Marine Adventures may suspend or terminate Your account(s) or cease providing You with all or part of the Services at any time for any reason, including, but not limited to, if Cabo Marine Adventures reasonably believes: (i) You have violated this Agreement; (ii) You create risk or possible legal exposure for Cabo Marine Adventures and/or other users; or (iii) Cabo Marine Adventures’ provision of the Services to You is no longer commercially viable. Cabo Marine Adventures will make reasonable efforts to notify You by the email address associated with Your account or the next time You attempt to access Your account. 

Assumption of Risk, Disclaimers and Limitations of Liability 

1. Your use of the Service is at Your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Cabo Marine Adventures does not warrant that (i) the Service will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements. You acknowledge that Cabo Marine Adventures has obtained criminal background checks on its Captains but has conducted no other investigations, inspections or other research on the qualifications or backgrounds of the Captains. You acknowledge that You are allowing the Captain(s) to board the Vessel at Your sole risk.
2. Your receipt of the Services involves known and unknown RISKS associated with water activities. Such RISKS include, but are not limited to: drowning, traversing wet and slippery surfaces, physical trauma, strains, bruises, sprains, muscle tears, broken bones, sunburn, swimming in deep water, wading in shallow water, damage to or loss of real or personal property and other serious bodily injury, including cardiac injuries and heart attacks, permanent disability, paralysis and death, which may be caused by Your own actions or inactions or the actions or inactions of the Captain or other passengers on the Vessel, the condition of the Vessel, or the negligence of Cabo Marine Adventures, whether passive or active; and that there may be other risks either not known to You or not readily foreseeable at this time. You hereby agree to fully accept and assume all such RISKS and all responsibility for losses, costs and damages You or Your passengers incur as a result of Your receipt of the Services 
3. You hereby agree to RELEASE, WAIVE and FOREVER DISCHARGE any and all claims, liabilities, loss, demands, damages, costs, expenses, lawsuits, causes of action and judgments that You or anyone claiming through You (including, without limitation, Your passengers on the Vessel) now or hereafter may have or claim to have against Cabo Marine Adventures resulting from, arising out of or in any way connected with Your receipt of the Services, including but not limited to, any claims or damages for personal injuries, including death, and/or damage to or loss of real or personal property, whether caused in whole or in part by the NEGLIGENCE AND/OR FAULT of Cabo Marine Adventures, whether passive or active (excluding gross negligence or intentional torts). 
4. You hereby agree to INDEMNIFY, DEFEND, and HOLD HARMLESS Cabo Marine Adventures from any and all claims, liabilities, loss, demands, damages, costs, expenses (including but not limited to reasonable attorneys’ fees), lawsuits, causes of action and judgments for personal injuries, including death, and damage to or loss of real or personal property, whether foreseen or unforeseen, present or future, known or unknown, resulting from, arising out of or in any way connected with Your receipt of the Services, whether caused in whole or in part by the NEGLIGENCE AND/OR FAULT of Cabo Marine Adventures, whether passive or active (excluding gross negligence or intentional torts). 
5. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CABO MARINE ADVENTURES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CABO MARINE ADVENTURES EXCEED THE AMOUNT YOU PAID CABO MARINE ADVENTURES, IF ANY, IN THE PAST TWELVE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. 

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT CABO MARINE ADVENTURES HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

General Terms

1. Dispute Resolution.You agree that in the event of any dispute between You and Cabo Marine Adventures arising under this Agreement or otherwise in connection with Your use of the Services, such claim shall be heard only in a federal or state court of the State of Alaska, and You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. 
2. Complete Agreement.This Agreement represents the complete agreement between You and Cabo Marine Adventures with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between You and Cabo Marine Adventures. No other person or company will be third party beneficiaries to this Agreement. This Agreement shall be interpreted in accordance with the laws of the State of Missouri. 
3. Non-Waiver.Cabo Marine Adventures’ failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Cabo Marine Adventures of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. 
4. Severability of Terms.If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. 
5. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CABO MARINE ADVENTURES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CABO MARINE ADVENTURES EXCEED THE AMOUNT YOU PAID CABO MARINE ADVENTURES, IF ANY, IN THE PAST TWELVE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. 

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT CABO MARINE ADVENTURES HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

If You have any questions about this Agreement, please contact us 

Last Revision: February, 2024.