Terms of Service

TERMS OF SERVICE

Cove Charters, LLC

This Terms of Service Agreement (the “Agreement”) govern Users access to and use of the Services (as defined herein). Users access to and use of the Services are conditioned on Users acceptance of and compliance with this Agreement. By accessing or using the Services User agrees to have formed an enforceable contract with Cove Charters Boating, LLC (“Cove Charters”) and to be bound by the terms of this Agreement. The Effective Date of this Agreement is April 1, 2024.

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

  1. Definitions.
    1. Cove Charters shall mean Cove Charters Boating, LLC, a Missouri limited liability company, and its parents, subsidiaries, officers, directors, employees, agents, affiliates, contractors, licensors, business partners, successors and assigns.
    2. Captain shall mean the individual(s) assigned by Cove Charters to provide services to User at User’s election.
    3. Services shall mean information and/or services provided or made available by Cove Charters through its web site(s).
    4. User and its variants shall mean the user of the Services who has accepted this Agreement.
  2. Summary of the Services. Cove Charters is an on-line platform, including mobile applications and related services (each, an “Application”), which enable users to arrange and schedule transportation, logistics and/or delivery services and/or to purchase captain-for-hire services, including with third party providers of such services under an agreement with Cove Charters. User’s ability to obtain transportation, logistics and/or delivery services through the use of the Services does not establish Cove Charters as a provider of transportation, logistics or delivery services or as a transportation carrier.
  3. Eligibility to Use the Service.
    1. User hereby represents and warrants the following: (i) User can form a binding contract with Cove Charters and is not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction; (ii) User is authorized to accept this Agreement; (iii) User will use the Services only in compliance with this Agreement, any related agreements and all applicable local, state, national, and international laws, rules and regulations; (iv) User is over 18 years of age and is otherwise considered by applicable law to be an adult in User’s jurisdiction; and (v) in the event the Services involve the use of a vessel that is not owned or leased by Cove Charters or the Captain, User owns, leases or is 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”).
    2. If any of the representations or warranties made in this Section 3 are untrue or become untrue after the date User accepts this Agreement, User is not eligible to use the Services.
    3. User is not eligible to use the Services if User has previously been suspended from using the Services for any reason and User has not been explicitly authorized to resume using the Services.
    4. Cove Charters 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.
    5. Cove Charters may attempt to verify Users identity and other information User provided to us, and Cove Charters may delay, withhold, reverse or refund any amounts without notice or liability in the event Cove Charters is unable to verify any information to Cove Charters’s satisfaction.
    6. Unless otherwise explicitly stated, the Services are solely directed to individuals, companies, or other entities located in the United States.
  4. Users License To Use the Services.
    1. Cove Charters grants User 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 User’s eligibility and continued compliance with this Agreement.
    2. This license is for the sole purpose of enabling User to use and enjoy the Services as provided by Cove Charters in the manner permitted by this Agreement.
    3. The license granted herein is limited to Users personal and individual non-commercial use of the Services. In no event may User use the Services for any purpose that: (i) harasses, abuses, threatens, defames, bullies, or otherwise infringes or violates the rights of any other party; (ii) is unlawful, fraudulent, or deceptive; (iii) 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; (iv) encourages or facilitates conduct that would constitute a criminal offense or give rise to civil liability; (v) violates this Agreement; and (vi) is commercial, including but not limited to conducting a charter boating business.
    4. User acknowledge and agree that User 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.
  5. User Responsibilities. User’s access or use of the Services is at Users own risk and User is solely responsible for the use of the Services by User, any fees incurred by user, including those of the Captain or the passengers on the Vessel. If User register an account with Cove Charters, User is responsible for maintaining accurate, truthful, and current registration information. User’s information may be stored and analyzed by Cove Charters. This information may also be accessible by any party who knows User’s password. User is responsible for safeguarding the password that User uses to access the Services and for any activities or actions carried out using User’s account and/or User’s password. User agrees that Cove Charters 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 Users failure to keep safe and/or secure User’s account and/or password and User agrees to indemnify, defend, and hold harmless Cove Charters for the same. User agrees to notify Cove Charters immediately if User discovers or has reason to believe that User’s account has been accessed or used without User’s authorization or there has been any other breach of User’s account security. User also agrees to provide additional information Cove Charters may reasonably request and to answer truthfully and completely any questions Cove Charters might ask User in order to verify Userss identity. User 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 Cove Charters, its Services or Captains.
  6. Scope of Services. User understands and agrees that Cove Charters 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 Cove Charters’s sole discretion and may be imposed without prior notice to User. The Services may contain links to third party web sites or services that are not owned or controlled by Cove Charters. Cove Charters has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. Cove Charters does not warrant the offerings of any of these entities/individuals or their websites. User acknowledge and agree that Cove Charters 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. Cove Charters strongly advises you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
  7. Fees. Fees for the Services will be charged to User at the time of booking, unless other arrangements have been made in writing and approved by Cove Charters. Cove Charters will not dispatch a Captain to User to provide Services until all such fees are paid by User in full.
  8. Privacy. Any information that User provides to Cove Charters is subject to our Privacy Policy, as it may be amended or replaced from time to time, which governs our collection and use of Users information. The current version of the Privacy Policy may be found at the end of this Agreement. The entirety of the Privacy Policy is incorporated herein by reference. User understands that through User’s use of the Services, User consents 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 Cove Charters. As part of providing User the Services, Cove Charters may need to provide User with certain communications, such as announcements and administrative messages. These communications are considered part of the Services and User may not be able to opt-out from receiving them. Cove Charters may also contact User via telephone and/or text message for marketing purposes. User agrees that Cove Charters may collect and use technical data and related information, including but not limited to technical information about User’s user device, the system, application software and peripherals of the computing device User uses 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 User (if any) related the Services. Cove Charters may use this information, as long as it is in a form that does not personally identify User, to improve the Services, or to provide services or technologies to User. The Privacy Policy may be changed, updated, and/or amended from time to time in the sole discretion of Cove Charters to, for example, comport with regulatory or legal requirements and/or best business and data privacy practices. Cove Charters encourages User to review the Privacy Policy language carefully and check frequently for updates or changes.
  9. Restrictions on Content and Use of the Services. User 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 Cove Charters; (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. User agrees that User will use the Services only as provided herein and in any case in compliance with all applicable laws, rules, regulations, ordinances, or policies. Cove Charters reserves the right to access, read, preserve, and disclose any information Cove Charters 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 Cove Charters, its users and the public.
  10. Intellectual Property. User acknowledges and agrees 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 Cove Charters. Except as expressly stated in this Agreement, User is 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 Cove Charters. All right, title, and interest in and to the Services are and will remain the exclusive property of Cove Charters. 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 User a right to use the Cove Charters name or any Cove Charters trademarks, logos, slogans, domain names, and/or other distinctive brand features. Any feedback, comments, or suggestions User may provide regarding Cove Charters, or the Services is entirely voluntary and Cove Charters may use such feedback, comments or suggestions with Cove Charters’s sole discretion without any obligation to User.
  11. Term and Termination. The Agreement will continue to apply until terminated by User or Cove Charters as follows: User may end User’s legal agreement with Cove Charters at any time for any reason by deactivating User’s account(s) and discontinuing User’s use of the Services. User does not need to specifically inform Cove Charters when User stops using the Services. Cove Charters may suspend or terminate User’s account(s) or cease providing User with all or part of the Services at any time for any reason, including, but not limited to, if Cove Charters reasonably believes: (i) User has violated this Agreement; (ii) User creates risk or possible legal exposure for Cove Charters and/or other users; or (iii) Cove Charters’s provision of the Services to User is no longer commercially viable. Cove Charters will make reasonable efforts to notify User by the email address associated with User’s account or the next time User attempt to access Users account but shall not be required to provide such notice.
  12. Assumption of Risk, Disclaimers and Limitations of Liability.
    1. Users use of the Service is at User’s 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. Cove Charters 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. User acknowledge that Cove Charters 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. User acknowledges that User is allowing the Captain(s) to board the Vessel at User’s sole risk. Users 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 User’s 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 Cove Charters, whether passive or active; and that there may be other risks either not known to User or not readily foreseeable at this time.
    2. User hereby agrees to fully accept and assume all such RISKS and all responsibility for losses, costs and damages User or User’s passengers incur as a result of User’s receipt of the Services User hereby agrees to RELEASE, WAIVE and FOREVER DISCHARGE any and all claims, liabilities, loss, demands, damages, costs, expenses, lawsuits, causes of action and judgments that User or anyone claiming through User (including, without limitation, Users passengers on the Vessel) now or hereafter may have or claim to have against Cove Charters resulting from, arising out of or in any way connected with User’s 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 Cove Charters, whether passive or active (excluding gross negligence or intentional torts). User further hereby agree to INDEMNIFY, DEFEND, and HOLD HARMLESS Cove Charters 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 User’s receipt of the Services, whether caused in whole or in part by the NEGLIGENCE AND/OR FAULT of Cove Charters, whether passive or active (excluding gross negligence or intentional torts).
    3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Cove Charters 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 Cove Charters EXCEED THE AMOUNT YOU PAID Cove Charters, 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 Cove Charters 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.
  13. Miscellaneous.
  1. Arbitration and Litigation. Any controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be settled by arbitration in accordance with the rules of The American Arbitration Association, said arbitration to be held in Jackson County, Missouri unless another location is mutually agreed upon. Judgment upon any award reached by the arbitrators may be entered in any court having jurisdiction thereof.
  2. Severability. The parties agree and acknowledge that each agreement and covenant set forth herein constitutes a separate agreement independently supported by good and adequate consideration and that each such agreement shall be severable from the other provisions of this Agreement. In the event that any provision of this Agreement shall be determined by any court or other judicial or administrative body of competent jurisdiction to be null, void or unenforceable for any reason, said provision shall survive to the extent that it is so determined and all of the other provisions of this Agreement shall remain in full force and effect. In such event, the parties shall promptly negotiate in good faith an amendment to such provision such that it shall be determined to be enforceable while adhering as closely as possible to the original intention and purpose of such provision.
  3. Binding Agreement. The terms of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto, their respective heirs, successors, administrators, executors, trustees and assigns.
  4. No Waiver. The failure by either party to enforce at any time any of the provisions of this Agreement, or to exercise any election or option provided herein, shall in no way be construed as a waiver of such provisions or options, nor in any way to affect the validity of this Agreement or any part thereof, or the right of either party thereafter to enforce each and every such provision.
  5. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements, negotiations and understandings of the parties with respect thereto. No representation, promise, modification or amendment shall be binding upon either party as a warranty or otherwise unless in writing and signed on behalf of each party by a duly authorized representative.
  6. Applicable Law, Forum-Selection and Personal Jurisdiction. This Agreement shall be governed in all respects, whether as to validity, construction, capacity, performance, or otherwise, by the laws of the state of Missouri, not including its choice of law rules. The parties agree that in any dispute to enforce the terms hereof exclusive jurisdiction and venue shall be in a court of competent jurisdiction in Jackson County, Missouri or in the United States District Court in which Jackson County, Missouri is located, and in no other courts or jurisdictions. The parties further agree and expressly consent to the exercise of personal jurisdiction in the state of Missouri in connection with any dispute or claim involving this Agreement.
  7. Attorneys’ Fees. If any legal action is brought under this agreement for arbitration or otherwise, the prevailing party shall be entitled to receive its attorneys’ fees and court costs in addition to any other relief it may receive.
  8. Survival of Certain Obligations. The warranties, representations, terms and conditions in this Agreement that by their sense and context are intended to survive the performance hereof by either or both parties hereunder shall so survive the termination or completion of performance of this Agreement.
  9. Additional Documentation. All parties hereto agree to execute such further and additional documentation as may be necessary or proper in order to carry out the terms or intent of this Agreement and consummate any and all transactions contemplated hereby. All parties agree to cooperate with one another in connection with the prompt preparation, review and execution of such documentation.
  10. Counterparts; Place of Execution; Fax, PDF or Electronic Signature. This Agreement may be executed in any number of separate counterparts, each of which shall be deemed to be an original, all of which together shall constitute one and the same agreement binding on all the parties hereto, notwithstanding that all such parties are not signatories to the original or the same counterpart. Each party shall become bound by this Agreement immediately upon affixing its signature hereto, independently of the signature of any other party. This Agreement has been negotiated and entered into in, and the obligations of the parties to this Agreement are to be performed entirely or primarily in the County of Jackson, State of Missouri, regardless of the place of execution of any such counterparts. This Agreement may be executed and sent via email of PDF file or fax or any electronic signature complying with the U.S. Federal ESIGN Act of 2000 (e.g., www.docusign.com) and such signature shall be deemed valid and binding on any party hereto.
  11. Rule of Construction. All parties hereto having had the opportunity to review this Agreement with their legal counsel and this Agreement is the result of arms-length negotiations among the parties and their attorneys, none of whom acted under any duress, coercion or compulsion whatsoever. Accordingly, the parties waive the application of any rule or law, which otherwise may be applicable in connection with the construction or interpretation of this Agreement, that ambiguous, vague or conflicting terms or provisions should be construed against the party who or whose attorney prepared the executed Agreement or earlier draft of the same. This Agreement shall not be construed against any party for having drafted it or for having the Agreement drafted by such party’s counsel.
  12. Captions. The captions in connection with this Agreement are for reference purposes only and shall not be construed as part of this Agreement. All words used in this Agreement will be construed to be of such gender or number as the circumstances require. Unless otherwise expressly provided, the word “including” does not limit the preceding words or terms.
  13. No Smoking or Cannabis: The Charterer agrees that no smoking or use of cannabis in any form will be permitted on the boat at any time during the duration of the charter. This includes, but is not limited to, the smoking of tobacco or any other substances, as well as the use of electronic smoking devices and cannabis products. Failure to comply with this provision will result in immediate termination of the charter without refund and may incur additional cleaning and damage fees.
  14. Waiver of Liability: The Charterer/Captain/Boat Owner (appropriate term to be used depending on the party to the agreement) agrees to waive any and all claims or lawsuits against Cove Charters LLC for injuries, damages, or losses that may arise from the chartering of the boat. It is understood that Cove Charters LLC acts solely as a facilitator connecting Charterers with Captains and Boat Owners, and is not responsible for the actions or conduct of any parties during the charter.
  15. No Overnight Stay: The Charterer acknowledges and agrees that the charter does not include the provision for overnight stays on the boat. The boat must be vacated by all parties by the designated time as stated in the charter agreement. Any unauthorized overnight stays will be considered a breach of the contract and may lead to penalties or additional charges as specified in the charter terms.
  16. Amendment. This Agreement may not be altered or amended except in writing, signed by both parties to this Agreement.

Privacy Policy

Cove Charters USER PRIVACY STATEMENT

Cove Charters collects information about you when you use our mobile applications, websites, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. For persons residing in the United States, the Services are provided by Cove Charters Boating, LLC and its U.S. affiliates (hereinafter “Cove Charters” or “we”).

  1. Scope and application. This Cove Charters User Privacy Statement (“Statement”) applies to User and any other persons that use the Cove Charters platform under license (collectively “Users,” or individually “you”) and who resides in the United States. This Statement does not apply to Users who reside outside the United States.
  2. Collection of Information. Cove Charters may collect personal information from or about you when you create an account for, and use, the Cove Charters Services, including location data, which information may be stored, processed, and/or accessed by Cove Charters, as well as its service providers, for business purposes, including for marketing, lead generation, service development and improvement, analytics, industry and market research, and such other purposes consistent with Cove Charters’s and its Affiliates’ legitimate business needs. By submitting information to Cove Charters during the account creation process and/or by using the Services, you consent to such collection and use of personal data.
  3. Disclosure of User Information to Third Parties. Subject to all applicable laws, Cove Charters may provide to a third party any information (including personal data and any Cove Charters Data) about Users provided hereunder if: (a) there is a complaint, dispute or conflict, including an accident, relating to a User; (b) it is necessary to enforce the terms of any agreement that results from User’s use of Cove Charters’s services; (c) it is required, in Cove Charters’s sole discretion, by applicable law, regulation, ordinance, license, or operating agreement; (d) it is necessary, in Cove Charters’s sole discretion, to protect the safety, rights, property, or security of Cove Charters, the Cove Charters Services, or any third party; to detect, prevent or otherwise address fraud, security or technical issues; and/or to prevent or stop activity which Cove Charters, in its sole discretion, considers to be, or to pose a risk of being, illegal, unethical, or legally actionable.
  4. Location-Based Services Consent. User hereby expressly consents to Cove Charters’s use of location-based services and expressly waive and release Cove Charters from any and all liability, claims, causes of action or damages arising from your use of the Cove Charters Services, or in any way relating to the use of the precise location and other location-based services. When you use the Services we collect precise location data about the USer from the Cove Charters app used by the User. If you permit the Cove Charters app to access location services through the permission system used by your mobile operating system (“platform”), we may also collect the precise location of your device when the app is running in the foreground or background. We may also derive your approximate location from your IP address.
  5. Contacts Information. If you permit the Cove Charters app to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate social interactions through our Services and for other purposes described in this Statement or at the time of consent or collection.
  6. Transaction Information. We collect transaction details related to your use of our Services, including the type of service requested, date and time the service was provided, amount charged, distance traveled, and other related transaction details. Additionally, if someone uses a promo code, we may associate your name with that person.
  7. Usage and Preference Information. We collect information about how you and site visitors interact with our Services, preferences expressed, and settings chosen. In some cases, we do this through the use of cookies, pixel tags, and similar technologies that create and maintain unique identifiers. To learn more about these technologies, please see our Cookie Statement.
  8. Device Information. We may collect information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.
  9. Call and SMS Data. Our Services facilitate communications between User and other users. In connection with facilitating this service, we receive call data, including the date and time of the call or SMS message, the parties’ phone numbers, and the content of the SMS message.
  10. Log Information. When you interact with the Services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services.
  11. Important Information About Platform Permissions. Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the Cove Charters app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the Cove Charters app seeks before you first use the app, and your use of the app constitutes your consent. To learn about the platform-level permissions that the app seeks, please visit our new iOS Permissions page and Android Permissions page. Sometimes these permissions require more explanation than the platforms themselves provide, and the permissions we request will change over time, so we’ve created these pages to serve as authoritative and up-to-date resources for our users.
  12. Information We Collect From Other Sources. We may also receive information from other sources and combine that with information we collect through our Services. For example: If you choose to link, create, or log in to your Cove Charters account with a payment provider (e.g., Google Wallet) or social media service (e.g., Facebook), or if you engage with a separate app or website that uses our API (or whose API we use), we may receive information about you or your connections from that site or app. When you request on demand services, our users may provide us with a User rating after providing services to you. If you also interact with our Services in another capacity, for instance as a user of other apps we provide, we may combine or associate that information with information we have collected from you in your capacity as a User or rider.
  13. Use of Information. We may also receive information from other sources and combine that with information we collect through our Services. For example: To provide, maintain, and improve our Services, including, for example, to facilitate payments, send receipts, provide products and services you request (and send related information), develop new features, provide customer support to Users and Users, develop safety features, authenticate users, and send product updates and administrative messages; Perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends; Send or facilitate communications (i) between you and a User, such as estimated times of arrival (ETAs), or (ii) between you and a contact of yours at your direction in connection with your use of certain features, such as referrals, invites, split fare requests, or ETA sharing; Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of Cove Charters and other companies, where permissible and according to local applicable laws; and to process contest, sweepstake, or other promotion entries and fulfill any related awards; Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements. We may transfer the information described in this Statement to, and process and store it in, the United States and other countries, some of which may have fewer protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your personal information in accordance with this Statement.
  14. Sharing of Information. We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows: (i) With Users to enable them to provide the Services you request. For example, we share your name, photo (if you provide one), average user rating given by users, and pickup and/or drop-off locations with users; (ii) with third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us; (iii) with the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public; and (iv) with third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate. We may further share your information with Cove Charters subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and/or logistics purposes; with vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf; in response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process; with law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our user agreements, Terms of Service, or policies, or to protect the rights, property, or safety of Cove Charters or others; in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company; if we otherwise notify you and you consent to the sharing; and in an aggregated and/or anonymized form which cannot reasonably be used to identify you.
  15. Social Sharing Features. The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Users use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.
  16. Analytics and Advertising Services Provided by Others. We may allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify your device when you visit our site and use our Services, as well as when you visit other online sites and services. For more information about these technologies and service providers, please refer to our Cookie Statement.
  17. Users Choices.
    1. Account Information. User may correct your account information at any time by logging into your online or in-app account. If you wish to cancel your account, please follow instructions in the app. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.
    2. Access Rights. Cove Charters will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.
    3. Location Information. We request permission for our app’s collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this will limit your ability to use certain features of our Services. Additionally, disabling our app’s collection of precise location from your device will not limit our ability to collect your trip location information from a User’s device nor our ability to derive approximate location from your IP address.
    4. Contact Information. We may also seek permission for our app’s collection and syncing of contact information from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, iOS users can later disable it by changing the contacts settings on your mobile device. The Android platform does not provide such a setting.
    5. Promotional Communications. User may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
    6. Users California Privacy Rights. California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. Cove Charters does not share your personally identifiable information with third parties for the third parties’ direct marketing purposes unless you provide us with consent to do so.
    7. Cookies and Advertising. Please refer to our Cookie Statement below for more information about your choices around cookies and related technologies.
    8. Cookies Statement. A cookie is a small text file that a website sends to a visitor’s browser and that sends back information each time the visitor makes a request from the website. A cookie contains a unique identification number that identifies the visitor’s browser, but not necessarily the visitor. Cookies can be accepted, rejected, or identified by configuring a browser’s preferences or settings. Pixel tags or clear gifs are tiny graphics with a unique identifier that are embedded invisibly on a webpage and are used to track a visitor’s movements on a website. We use the information gathered by clear gifs to help us better manage content on the Site. Cookies and pixel tags are used to help recognize a returning visitor, and to help customize the visitor’s online experience. Unless a visitor specifically informs us of his/her identity (e.g., by registering with us), we will not know who the individual visitor is. Our site uses cookies as follows: (i) to collect Session Data and other session information; (ii) to process orders and to store order and shopping cart information; (iii) to store and hash usernames and passwords so that users do not have to re-enter this information each time they log in; and (iv) to collect analytics relating to visitors’ use of the Site.
  1. Changes to the Statement. We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Users continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the Statement for the latest information on our privacy practices.

WAIVER, RELEASE AND INDEMNIFICATION THIS WAIVER, RELEASE AND INDEMNIFICATION (this “Release”) is made as of [insert] (the “Effective Date”) by and between Cove Charters Boating, LLC (“Cove Charters”) and [insert], an individual (“Owner”). BACKGROUND: 1. Cove Charters provides an online platform and mobile application that connects Cove Charters customers with (i) privately available vessels for charter (“Yachts”) pursuant to bareboat charter agreements; and (ii) U.S. Coast Guard (“USCG”) licensed captains available for such bareboat charters (all of the foregoing, including without limitation if applicable, Owner’s rights and obligations under that certain Bareboat Charter Facilitation Agreement dated as of even date herewith by and between Cove Charters and Owner, is referred to herein as the “Services”). 2. Reference is made to those certain “Terms of Service” agreed to by Owner regarding the terms and conditions of Owner’s use of the Services. TERMS AND CONDITIONS: For the reasons described above, in consideration of the mutual promises and covenants set forth in this Release, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Cove Charters and Owner hereby agree as follows: 1. In consideration of Cove Charters permitting Owner to utilize the Services, Owner, and to the full extent allowed by law, on behalf of him or herself, his or her spouse, children/wards and guests (the “Owner Parties”), does hereby release, waive and discharge Cove Charters of and from any and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, covenants, obligations, liabilities, claims, demands, losses, damages, costs or expenses, including but not limited to court costs and attorneys’ fees (including reasonable attorneys’ and paralegals’ fees and costs incurred before and at trial, at all tribunal levels, whether or not suit is instituted, and at arbitration and in establishing this right to indemnification), of any nature whatsoever, whether or not now known, claimed or suspected, fixed or contingent (hereinafter collectively referred to as “Claims”) which the Owner Parties may have, or which may hereafter accrue to the Owner Parties, as a result of Owner’s, and to the full extent allowed by law, the Owner Parties’ use of the Services. This Release is intended to discharge in advance Cove Charters, its members, officers, employees and agents (“Cove Charters Parties”) from any and all liability arising out of or connected in any way with the Owner Parties’ use of the Services and/or participation in the Bareboat Charter Facilitation Agreement even though that liability may arise out of negligence or carelessness on the part of the Cove Charters Parties. 2. Owner’s receipt of the Services involves known and unknown RISKS associated with boat chartering. Owner, and to the full extent allowed by law on behalf of the Owner Parties, hereby agree to fully accept and assume all such RISKS and all responsibility for losses, costs and damages the Owner Parties incur as a result of the Owner and the Owner Parties receipt of the Services and/or participation in the Yacht Membership Club. 3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Cove Charters PARTIES 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 OWNER’S, AND TO THE FULL EXTENT ALLOWED BY LAW THE OWNER PARTIES’ USE OF THE SERVICES. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT Cove Charters 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. 4. The Owner, and to the full extent allowed by law, the Owner Parties, and each of them, hereby indemnifies, defends, and holds harmless the Cove Charters Parties from, against and in respect of any and all direct and/or indirect Claims asserted against or suffered or incurred by the Cove Charters Parties to the extent directly or indirectly under, caused, resulting from or in connection with the Owner’s, and to the full extent allowed by law the Owner Parties’ use of the Services, even if such claims arise out of or in connection with the negligence of the Cove Charters Parties. 5. The release provided in Section 1 and the indemnification provision in Section 4 shall not apply in the event of gross negligence or intentional misconduct by any Cove Charters Party or in the event of a breach of Cove Charters’s obligation to ensure that the Yachts are insured as described in Exhibit D to the during all bareback charter operations. 6. The Background above and Terms of Service are incorporated herein by reference. I UNDERSTAND THE RISKS INVOLVED AND ACCEPT THEM IN FULL. I, FOR MYSELF, AND TO THE EXTENT ALLOWED BY LAW, MY SPOUSE, CHILD/WARD AND GUESTS, HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

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